$250
Thousand
Our young client was extracted from her vehicle and taken for immediate surgery. The semi-truck driver testified that the accident was due to our client’s distraction. We proved this testimony false by reconstructing a 16-camera video surveillance from the scene of the accident.
Your chances of being in a fatal traffic accident are much higher when a commercial truck is involved. Each truck contains tens of thousands of pounds of accelerated machinery and can easily cause injury and death in the case of an accident.
According to the National Safety Council (NSC), large trucks have caused nearly 5,000 fatalities yearly since 2016. Negligence is typically involved when these accidents occur. When it is, a fatal truck accident lawyer in Indianapolis can help the decedent’s loved ones find justice.
Common Causes of Truck Accident Fatalities
The Federal Motor Carrier Safety Administration (FMCSA) conducted a groundbreaking Large Truck Crash Causation study, analyzing extensive data from 1,000 serious large truck accidents. The study identified the most common causes of these accidents:
- Impaired Driving: Alcohol or drug use can significantly impair a driver’s ability to operate a vehicle safely.
- Distracted Driving: Texting, eating, or other distractions can divert a truck driver’s attention from the road.
- Speeding: Excessive speed reduces the time available to react and increases the severity of collisions.
- Driver Fatigue: Long hours on the road without adequate rest can lead to drowsy driving.
- Mechanical Failures: Brake failures, tire blowouts, and other mechanical issues can lead to loss of control.
- Improper Loading: Overloaded or improperly secured cargo can cause rollovers or jackknife accidents.
Who Can File a Wrongful Death Suit After a Fatal Truck Accident?
When a person dies as the result of another party’s wrongful act, someone else must seek justice on their behalf. In Indiana, only certain individuals may file a wrongful death suit. If the decedent is an adult, then a personal representative, also known as an executor, is the only person authorized to take legal action.
The deceased individual often chooses a personal representative before they pass away. Family members, close friends, and business or work colleagues frequently serve as personal representatives. However, not all those who pass away have designated a personal representative. In these cases, the court appoints one.
Indiana’s General Wrongful Death Statute
This statute provides benefits exclusively for the surviving spouse, dependent children, or closest relatives of the deceased.
Indiana’s Child Wrongful Death Statute
This statute acknowledges a parent’s right to seek compensation for the loss of their child. It defines a “child” as an unmarried individual under 20 or 23 years of age if currently enrolled in college or technical school. An amendment in July 2009 expanded the definition to include a viable fetus.
Indiana’s Adult Wrongful Death Statute
The most recent version of Indiana’s wrongful death law addresses situations where the deceased had no surviving spouse, dependent child, or closest relative or did not meet the criteria to be considered a “child.” The statute allows recovery for the non-dependent parent or non-dependent child of the deceased adult.
These statutes are distinct and cannot be pursued simultaneously. The legal action is initiated by the estate or personal representative of the deceased on behalf of qualifying family members. Essentially, wrongful death claims are applicable in cases where, if the victim had survived, they would have had a valid personal injury claim against the responsible party.
Is There a Time Limit for Filing a Fatal Truck Accident Case in Indiana?
Yes. Indiana has a statute of limitations of two years for wrongful death cases. Two years from the date of the incident, your right to demand compensation disappears except under very limited circumstances.
How Stephenson Rife Can Help
Establishing liability in a fatal truck accident case requires meticulous investigation and expert analysis. Here’s how Stephenson Rife can help you:
- Comprehensive Investigation: We conduct thorough investigations to uncover the truth. This includes examining police reports, reviewing maintenance logs, analyzing electronic logging devices (ELDs), and interviewing witnesses.
- Expert Collaboration: We work with accident reconstruction experts, medical professionals, and other specialists to build a solid case. Their insights help us understand the intricacies of the accident and identify the liable parties.
- Evidence Gathering: From black box data to driver logs and maintenance records, we gather all relevant evidence to support your claim. This evidence is crucial in proving negligence and liability.
- Negotiation and Litigation: We negotiate with insurance companies and other parties to seek fair compensation for your loss. If necessary, we are prepared to take your case to court to ensure justice is served.
Call our office today at (317) 680-2350 to learn more about what our fatal truck accident lawyers can do for you.
Liability for Fatal Truck Accidents
When you pursue compensation for your claim, your fatal truck accident lawyer must demonstrate that someone was at fault for your loss. Depending on the circumstances of your case, various parties may be held responsible.
Truck Drivers
Truck drivers can be held liable if their negligence or reckless behavior led to the accident. This could include driving under the influence, speeding, distracted driving, or violating hours-of-service regulations meant to prevent fatigue.
Trucking Companies
Trucking companies may be responsible for pushing drivers to meet unrealistic schedules, failing to maintain their fleets properly, or not conducting thorough background checks and training.
Manufacturers
If a truck’s malfunction or defective part contributed to the accident, the manufacturer could be held liable. This might involve faulty brakes, tires, or other critical components that failed during operation.
Maintenance Providers
Companies responsible for maintaining the truck might be liable if improper maintenance or negligent repairs led to the accident.
Cargo Loaders
Improperly loaded or secured cargo can cause a truck to become unstable and lead to accidents. The entity responsible for loading the truck must follow safety protocols to prevent such occurrences.
What Kind of Compensation Can I Get from a Fatal Truck Accident Case?
In many fatal truck accident cases, there are significant medical costs incurred before a loved one passes away. This can include emergency medical services, hospital stays, surgeries, medications, and other treatments. These expenses can quickly accumulate, adding stress to an already overwhelming situation. The compensation you receive can cover these medical bills, ensuring you are not left with a financial burden on top of your grief.
Planning a funeral is never easy, and the associated costs can be substantial. From the funeral service to burial or cremation expenses, funeral-related costs can be a heavy financial burden for grieving families. Compensation from a fatal truck accident case can help cover these expenses, allowing you to focus on mourning and honoring your loved one’s memory without the added worry of financial strain.
The sudden loss of a family member can mean the loss of a significant source of income, especially if the deceased was the primary breadwinner. This loss can affect your financial stability, making it difficult to meet daily living expenses. Compensation can help replace the lost income, health insurance, retirement benefits, and other benefits associated with their employment.
The emotional pain and suffering that come with losing a loved one are profound and lasting. While no monetary amount can truly compensate for this loss, financial compensation can provide some solace by acknowledging the emotional distress and mental anguish you have endured.
Why Choose Us?
Choosing the right attorney is crucial when dealing with a fatal truck accident. Here’s why Stephenson Rife stands out:
- Compassionate Approach: We treat every client with empathy and respect and understand the profound impact of your loss.
- Proven Experience: Our team has a track record of successfully handling truck accident cases, securing multimillion-dollar compensation awards.
- Personalized Service: We offer tailored legal strategies that meet the unique needs of your case, ensuring you receive the attention and dedication you deserve.
- Relentless Advocacy: We are committed to fighting for your rights and holding those responsible accountable for their actions.
We offer free consultations and case reviews. Call our office today at (317) 680-2350 to find out what our fatal truck accident lawyers can do for you.
Contact Our Fatal Truck Accident Lawyer Today
In the wake of a tragic truck accident that claims the life of a loved one, it’s natural to feel overwhelmed and unsure of where to seek support. Stephenson Rife understands the immense pain you’re going through and is here to assist.
Our compassionate wrongful death attorneys in Indiana have extensive experience helping grieving families seek the financial justice they deserve. We handle many wrongful death cases, including those stemming from fatal truck accidents.
For more information and to arrange a free consultation, contact Stephenson Rife at (317) 680-2350.
Attorney Mike Stephenson
Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, just to name a few. Mike is a proven advocate and trial attorney. He has served as lead trial counsel in more than 100 civil jury trials, and has handled litigation in 18 states. [ Attorney Bio ]
